United States v. Michael Ioane
Opinion
Opinion
MEMORANDUM
Michael Ioane appeals his convictions and sentence for federal tax fraud conspiracy, 18 U.S.C. § 371 , and fraudulent presentation of fictitious United States financial instruments, id. § 514(a)(2). We affirm.
The district court’s June 2010 continuance and exclusion of time under the Speedy Trial Act, id. § 3161, were “specifically limited in time” and “justified on the record with reference to the facts as of the time the delay [was] ordered.” United States v. Lewis, 611 F.3d 1172, 1176 (9th Cir.2010); 18 U.S.C. § 3161 (h)(7). In entering the continuance, the district court consulted all counsel, including counsel for Ioane’s co-defendants, and “conducted] an appropriate inquiry” on the record to determine when all the defendants could be tried. United States v. Lloyd, 125 F.3d 1263, 1269 (9th Cir.1997). Trying Ioane’s co-defendants eventually proved unnecessary, but at the time the delay was ordered, Lewis, 611 F.3d at 1176 , the continuance and exclusion were justified. The other challenged continuances and exclusions under § 3161(h)(7) were not clearly erroneous. See United States v. Alvarez-Perez, 629 F.3d 1053, 1056-57 (9th Cir.2010).